HSA difficult to implement--Usec. Blancaflor
Law-enforcers are having difficulty implementing the Human Security Act because of the stringent requirements imposed by the law, according to the spokesman of the government's Anti-Terrorism Task Force.
Undersecretary Ricardo Blancaflor said no anti-terrorism cases have been filed nearly two months after the HSA (Republic Act 9372) because policemen and prosecutors have to show proof that the three basic elements that will make a crime a terrorist act are present before cases are filed against suspected terrorists.
An act is considered terroristic if is among the 12 crimes enumerated in the provisions of the law including murder, rebellion or insurrection, arson, and coup d' etat. The act should also sow widespread fear and panic among the populace and must be compliment with attempts to "coerce government to give in to an unlawful demand".
Blancaflor said all three elements must be present in filing a case for violation of the HSA.
He spoke before a symposium on the HSA here yesterday that was attended mostly by policemen and soldiers. The symposium is among a series and the fourth in the Visayas conducted by the ATTF all over the country since the law took effect on July 15.
Blancaflor said the law is difficult to implement because "there are four provisions against terrorists while there are 22 provisions against law enforcers."
"We might have a hard time prosecuting cases because there are too many penalties against law enforcers," he said during the symposium.
The third element is the most difficult to prove and can only be usually heard or seen through the media, according to Blancaflor.
He said some policemen are also hesitant to file cases because of the stiff fine imposed on those found of violating a suspected terrorist's rights and if the suspected terrorist is acquitted by the courts.
A person who is acquitted or if the cases filed against him/her are dismissed will be paid P500,000 for each day the person was detained or the person's assets seized.
Blancaflor said policemen should not be concerned that the fine would be taken from their own pockets. He said any fine related to the implementation of the HSA will be paid by the law enforcement agency that initiated the filing of charges.
He also stressed that not anyone can file a complaint against suspected terrorist. He said prosecutors should first get written permission from the Anti-Terrorism Council (ATF) before a case is filed before the Regional Trial Courts.
The seven-member ATC is chaired by Executive Secretary.
He urged the policemen to be unfazed with limitations of the law.
"Do not be afraid. Just do your work."
He said the law is necessary because of the victims of terrorist acts. He said 344 Filipinos have died from terroristic acts in the past seven years. Another 1,333 more have been injured in these attacks.
"Terrorism is real and not just a figment of our imagination," said Blancaflor.
But the Commission on Human Rights (CHR) said it has reservations concerning the law.
CHR regional director David Bermudo said there is criticism against the law because of the lack of trust on government and law enforcers. He said there exist and "atmosphere of impunity" as seen in the continued killings of activists and enforced disappearances.
The Catholic Church also expressed opposition against the law.
"You do not fight terrorism with the Human Security Act for the Human Security Act, I fear, would breed more injustices, but by creating more justice in the his country," said Msgr. Meliton Oso, social action director of the Jaro Archdiocese.
Oso said that despite government's assurances, the law is "very dangerous and has potentials to trample upon our rights and curtail the democratic space that we all enjoy."
The HSA will "breed more injustices."
He pointed out that even before the law was implemented, there were already cases of warrantless arrests like the arrest of University of the Philippines professor and newspaper columnist Randy David and the revival of rebellion cases against militant party-list law makers Satur Ocampo and Crispin Beltran.
"If influential and popular individuals were arrested and measures that violate human rights were implemented, what guarantee do we have that it will not happen again and that it will not happen to us? None at all!" said Oso.
The Catholic Bishops Conference of the Philippines earlier called for a repeal of the law amid fears raised by civil libertarians and human rights groups.